A principled approach to European contract law?

Recently, the final version of Parts I and II of the Principles of European Contract Law was published. The text is a good starting point for further discussion on the future contents and shape of a European Contract Law. The author feels that it is in this idea of a common text with which the various national legal orders can be compared and from which inspiration can be drawn, that the great value of the Principles lies. This article was previously published in Maastricht Journal of European and Comparative Law 7 2000, p. 221-223

How to take the road untravelled? European private law in the making

In this review essay, the author will try to categorise the present attempts at creating a European private law and critically discuss these attempts in the light of recent practical and theoretical literature. This article was previously published in Maastricht Journal of European and Comparative Law 6 1999, p. 25-46

A European private law as a mixed legal system:Towards a Ius Commune through the Free Movement of Legal Rules

In this article, the desirability of a European private law is assumed. What is disputed in this article is the way in which a ius commune must be achieved. It is in particular questioned if the way now commonly envisioned to arrive at a ius commune is the right one. To this end, first the current methods of integration and their inherent drawbacks must be examined. The major part of the article will be dedicated to pointing out an alternative road towards a European private law, a road much more in tune with the historical development of the ius commune which existed before the codifications, a ius commune so eagerly invoked by the present advocates of a European private law. This article was previously published in Maastricht Journal of European and Comparative Law 5 1998, p. 328-340

European private law:A plea for a spontanous legal order

This contribution focuses on European integration through private law. After a sketch of the existing European acquis in the field of the law of contract, tort and property, the question is discussed whether there is a need for harmonisation in view of the goals the European Union set itself. Subsequently, the question of how to design a future European private law is answered. In the field of contract law, the European Commission now follows a two-track policy it intends to draft a Common Frame of Reference CFR as well as furthering the debate on the possibility of an optional code. It is debated what the contents of these two instruments should be and how they should be created, but also the more fundamental question as to whether they will really contribute to the solving of the present problems with the European acquis is touched upon. Finally, the influence of Europe on national private law is looked at from a critical perspective. The author adopts the view that uniform private law should come about in a Hayekian way of a spontaneous legal orde